The Fallacies of States' Rights

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The idea that "states' rights" restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states' rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles. To begin with, states' rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur-a national one, thanks to the Civil War-and the ordinary rules of ...

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